Free Consultation
(800) 411-1583
We collected $5.1 million for the benefit of our client who suffered Traumatic Brain Injury and other injuries...
We secured a settlement of $2.1 million from the driver who crossed the center-line and struck our client...
Contested case where our client struck cargo that was not securely fastened to a flatbed trailer...
Our client was riding his motorcycle back from the Blue Ridge Parkway when an approaching driver...
Full recovery of all damages sought by our client who was struck by a drunk driver. Due to pre-existing...
Client’s husband called after nearly accepting the at-fault driver's policy limits of $100,000.00, believing ...
Pedestrian struck in the parking lot of a car wash and incident resulted in traumatic brain injury for elderly...
Client suffered two broken legs in an intersection collision caused by driver who disregarded a posted stop...
Victims of drunk drivers need protection! Drunk drivers case many fatal accidents and serious injuries in North Carolina. Our firm ONLY handles motor vehicle accident cases, and our focus is on serious collisions and significant injuries. Carl Nagle is a former claims adjuster and former insurance company lawyer, and we also have two retired NC State Troopers who work with our firm to investigate crashes, follow drunk driving criminal charges, and pursue maximum payment for injury claims and punitive damages when drunk drivers injure our clients.
We have had multiple high-value cases involving drunk drivers. We have collected punitive damages to punish highly intoxicated drivers. Our sole focus on crash-related injury cases gives us the medical and law-enforcement experience needed to prove your injury case and to investigate the collision and hold the drunk driver accountable. We also offer the lowest legal fee of all North Carolina injury law firms. Our fee is 25% of settlement, while other firms charge 33.3%. We are here now to protect and enforce your legal rights.
You drive responsibly and follow the rules of the road to protect your fellow motorists. But are other drivers doing the same to protect you?
According to the CDC, over 10,000 people lose their lives on American highways and roads due to alcohol-related accidents every year. That averages out to 29 fatalities each day, or roughly one every 50 minutes. In North Carolina, about one-third of all traffic deaths are associated with alcohol-impaired drivers. While DUI injuries and fatalities are declining, causing one injury or killing one person due to negligence is one too many.
Most people understand that it's wrong to drive after drinking - even after one or two drinks. Despite that knowledge, thousands of otherwise responsible motorists have no problem cranking their cars and driving home after drinking. While they may not intend to hurt anyone, this dangerous choice leads to countless injuries and fatalities each year, profoundly affecting the lives of both the victims and the intoxicated drivers, as well as their families.
At Nagle and Associates, we're dedicated to holding drunk drivers accountable for their actions and the pain and suffering they cause their victims. Our drunk driving accident attorneys in Shelby, NC focus solely on representing those injured in such accidents - not those who choose to drive while drunk.
It doesn't take a graduate from Cleveland Community College near Shelby, NC to know that DUI accidents are both frightening and damaging. One minute, you're driving home from work, thinking about what you and your family will have for dinner. Then, out of nowhere, an intoxicated driver sideswipes you on the highway, forcing you out of control into a ditch. Your car is totaled, your body hurts, and now, your life is forever changed.
If you or a loved one has been involved in an alcohol-related traffic accident, we're here to help. We recognize that this is an incredibly stressful time—one where you'd rather focus on your health and family's peace of mind instead of handling court paperwork, gathering witness statements, and dealing with police, insurance adjusters, insurance lawyers and judges. That's exactly where our extensive experience pursuing drunk drivers comes into play. We've represented DUI victims in a number of different cases, some of which involve:
Our experienced DUI litigators have the knowledge and connections to secure the financial compensation you need for all past and future medical bills and lost wages. We also know how to investigate the collision, assemble your medical evidence, validate your threat of litigation, and compel the insurance companies to pay the highest tax-free settlement for your injury claims. When you work with a drunk driving accident attorney in Shelby, NC from Nagle & Associates, you have the best shot at securing a generous lump-sum payment for your financial losses, and for your pain, suffering, and diminished quality of life.
Simply put, Carl Nagle and our team of trial lawyers focus exclusively on roadway cases like DUI/DWI accidents. We've obtained millions of dollars for victims just like you, who are forced to suffer due to someone else's extremely dangerous and careless actions. Insurance companies cannot dissuade us, and their adjusters and lawyers will not diminish your legal rights!
Additional reasons to consider our drunk driving accident law firm include:
Wondering whether you qualify for financial help after being hit by a drunk driver? Contact Nagle & Associates today so that we can strategize on how to proceed with your case. Your first consultation is always free.
Here's a sad fact that may open your eyes: The Tar Heel State has some of the highest rates of DUI accidents in the entire country. According to data provided by the North Carolina DMV, over 11,000 people were arrested for DUI in 2019 alone. Tragically, in the same year, 348 people were killed in drunk driving accidents. 75% of the drivers in those fatal crashes had been charged with DUI before. To help prevent and reduce car wrecks caused by impaired drivers, North Carolina implements strict drunk driving penalties and laws.
In North Carolina, the law establishes that a driver is considered impaired if they are at least 21 years old and have a blood alcohol concentration (BAC) exceeding .08. For those operating commercial vehicles, like taxicabs or trucks, the legal BAC limit is lowered to .04. Additionally, there is a strict zero-tolerance policy for drivers under the age of 21. It's also illegal under North Carolina law to drive with any detectable amount of a Schedule I controlled substance in your bloodstream.
Another aspect of law to consider is the North Carolina Exemplary Damages Act. This law permits victims of "willful and wanton conduct" to seek extra financial damages, commonly referred to as punitive damages. However, the laws surrounding punitive damages in North Carolina are fairly restrictive, with many judges looking for multiple DWI offenses before allowing such claims. As a result, your drunk driving accident lawyer from Nagle & Associates will examine the criminal history of impaired drivers along with other wrongful actions to strengthen our case for additional punitive damages.
In short, yes, having a seasoned North Carolina drunk driving accident injury lawyer by your side helps your case immensely. At Nagle & Associates, we're passionate about protecting your rights and take every step necessary to enforce those rights and pursue maximum payment from the drunk driver, their insurance carrier and any other parties who share liability for your injuries and damages:
If you've been involved in an accident, you might be recovering from your injuries in Navion of Shelby in Shelby, NC, dealing with lost wages, overwhelming medical bills, vehicle repair costs, out-of-pocket expenses, and a complex maze of insurance claims. During this challenging time, it's reassuring to know that someone is dedicated to fighting for your rights and seeking the justice you deserve.
When you're involved in a drunk driving accident, there's a good chance you'll get a phone call from an insurance adjuster very soon after the accident. Carl Nagle is a former adjuster, and he cautions you that "insurance adjusters are trained to be diplomatic, to earn your trust so you will cooperate with their efforts to underpay your claims". The friendly adjuster is the most dangerous adjuster - they are being paid to oppose your claims, yet they are willing to appear to be friendly and helpful when you are dealing with serious injuries and frightening financial circumstances. Please remember, North Carolina insurance adjusters who handle your claims against the drunk driver who caused your accident have one goal: to minimize the amount of money the insurance company must pay you.
Making a statement or accepting an early settlement offer without first talking to a drunk driving accident attorney in Shelby, NC can lead to significant consequences and a loss of valuable legal rights. Insurance adjusters are skilled at eliciting statements or admissions of guilt that can be used to diminish the value of your claim. That's why it's so important to consult with an attorney before interacting with any insurance claims adjuster. You should also be wary of insurance adjusters because North Carolina follows the Pure Contributory Negligence rule. If an insurance adjuster can claim that you played a role in causing the accident or your injuries, they might attempt to deny your claim entirely.
Fortunately, our strict negligence law does have an exception that applies in cases caused by drunk drivers. In a typical crash case, if you are slightly at fault for the accident, you have no right to present claims or collect for car damage or injury claims. If you are just 1% at fault, you get nothing for your accident claims. However, if a drunk driver is guilty of "gross negligence", the Pure Contributory Negligence rule does not apply. Our legal team can help you win if the insurance company tries to blame you for an accident involving a drunk driver.
We strongly recommend speaking with a DUI accident lawyer before you being cooperating and working with any insurance adjusters or claims representatives. Nagle & Associates' attorneys can guide you through the legal intricacies of filing a claim in North Carolina, ensuring that you fully understand the insurance claim process. We want you to be aware of your legal rights and options.
In general, the compensation you could receive for damages in an accident claim against a drunk driver is similar to what you might recover in other car accident claims. The amount of compensation you receive is tied to the specific losses you've sustained. If you have been hit and injured by a drunk driver, you may be entitled to compensation for the following:
In a fatal injury and wrongful death claim, the surviving family members are eligible for compensation for the income and benefits that the deceased would have provided. Family members may also seek damages for loss of companionship and for expenses related to household services. The deceased person's estate should also be entitled to recover costs related to medical bills, funeral and burial expenses, as well as compensation for the pain and suffering experienced by the deceased before passing away.
As we mentioned earlier, you may be able to recover punitive damages in addition to other forms of compensation. If your drunk driving accident attorney in Shelby, NC provides evidence indicating that the defendant acted in a wanton, willful, or malicious manner, the court may decide to award you and your family punitive damages to penalize the responsible party.
In North Carolina, punitive damages are generally capped at $250,000 or three times the total amount of other damages awarded in your case—whichever amount is greater. However, there is one notable exception to this rule for claims related to drunk driving accidents. If the at-fault driver was impaired at the time of the accident, there is no limit on the punitive damages that can be awarded. It is also noteworthy that if you secure a large verdict against a drunk driver who caused you to be injured, he/she cannot file a bankruptcy and discharge your verdict. Thus, you can pursue collection against the drunk driver's assets for decades after bringing them to trial.
Like the trees and pathways in Shelby City Parks near Shelby, evidence serves as a crucial foundation of any drunk driving case. If you're able to do so safely after your accident, capture photographs of the scene, the vehicles involved, and your injuries. This task is easier than it used to be since most of us have smartphones in our pockets.
Try to photograph important details like license plates, vehicle registration, driver's licenses, damage to the vehicles, skid marks, street signs, and more. You can never take too many images at the scene. It's also fine to record a video of the scene and recount what happened. The more you document, the stronger your lawyer's case will be. Be sure to keep track of any personal belongings that were damaged in the incident. This evidence can be integral in illustrating the circumstances and impact of your accident.
In drunk driving cases, our legal team also goes to court in the county where the crash occurred to request Axon/Officer Body Camera footage taken at the crash scene. In most cases, we are able to collect and use this footage. Often their cameras collect footage of the drunk driver slurring their speech, taking field sobriety tests, and showing their level of impairment and carelessness.
Accidents caused by drunk drivers happen when you least expect them. They don't always happen late at night. You could be driving home Saturday morning after eating at Bistro 214 in Shelby, NC and get hit by someone who is intoxicated. The suddenness and severity of these car wrecks cause lasting damage, which you should be compensated for accordingly.
The most common way to seek compensation for personal injury or wrongful death resulting from a drunk driving accident is to file a claim against the intoxicated driver. It's important to note that your accident claim is separate from any criminal charges the driver may face. Moreover, you don't have to wait for a criminal charge or conviction to pursue a claim. However, holding the drunk driver accountable may not be your only legal option. To get the full amount of compensation you deserve, all potentially liable parties should be examined. A skilled drunk driving accident attorney in Shelby, NC can investigate the situation on your behalf and guide you through your available options.
You might not need to go to court to seek compensation after a drunk driving accident. Typically, the first step is to file a claim with the at-fault driver's insurance company. The insurance provider may try to dispute their liability by arguing that the driver they insured intentionally engaged in reckless behavior by drinking and driving. If this situation arises, your attorney can step in to negotiate on your behalf or, if necessary, file a lawsuit against both the driver and the insurance company.
It may be hard to believe that someone could be under the influence when driving a truck or other large commercial vehicle. Unfortunately, drug and alcohol use among commercial drivers remains a significant issue. Both the driver and their employer can be held liable for accidents caused by impairment. A seasoned attorney can look into the situation to find out if the trucking company neglected to conduct sufficient pre-employment screenings, failed to test drivers for drugs and alcohol, or otherwise acted negligently, leading to the accident.
Dram shop laws hold businesses that sell alcohol accountable for the actions of customers who have been overserved. In North Carolina, these laws also apply to social hosts—private individuals who offer alcohol to their guests—under specific conditions.
Bars, restaurants, and similar establishments can be found liable if they serve alcohol to a customer under the age of 21 in a negligent manner, and that customer subsequently drives drunk and causes an accident. Additionally, businesses are prohibited from serving alcohol to anyone, regardless of age, who appears visibly intoxicated, as this is generally considered negligent service. However, it's important to note that if the overserved customer is 21 or older, the establishment is not held liable in the event of a drunk driving accident.
As a practical matter, you should know that successful host/dram shop cases are rare. We collected a mutli-million dollar settlement on behalf of a grocery store manager who was struck by a drunk driver in Asheville, NC. In that case, the popular restaurant chain served 9 drinks to the drunk driver in just 36 minutes. They then called police on the belligerent drinker, and he fled quickly and caused the collision. The drunk driver's high level of impairment was the key. Drivers must be extremely impaired in these cases, as the host/server has to be aware that the drinker is intoxicated and should not be served. We offer this insight simply to help you plan your legal case. Not every case is a host/dram shop case. However, in extreme impairment cases, steps should be taken immediately to determine where the drunk driver was drinking before the collision occurred.
The laws concerning drunk driving accidents in North Carolina are complex. Determining who is liable, accurately assessing your losses, and pursuing one or more claims for damages can be difficult. Without exceptional legal representation, you might not receive a settlement that reflects what you would collect through a successful trial against the impaired driver who caused your injuries.
However, with Nagle & Associates by your side, you'll have aggressive lawyers, retired State Troopers, experienced medical analysts, and knowledgeable support staff ready to protect and enforce your legal rights. As our client, you will receive individualized attention, empathetic support, and a committed effort to win your case. Most of our cases settle, but we want to settle on your terms - not the discounted terms the insurance company hopes you accept. Call us now for a free consultation by telephone, and we can decide together if you would benefit from our representation. If you need our help, we can begin working for you today.
